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1996 Supreme(Mad) 384

ARUNACHALAM, JAYARAMA CHOUTA
Dhanasekaran – Appellant
Versus
State represented by Inspector of Police, “Q” Branch Police, Tanjore District – Respondent


Advocates:
M.Sankara Subbu, for Petitioner. B.Sriramulu, Public Prosecutor, for Respondent.

Judgment :-

Arunachalam, J.

The prayer in this petition is for issue of a habeas directing the respondent herein, who is the Inspector of Police, ‘Q’ Branch Police, Tanjore District, to produce Velmurugan alias Selvam before this Court, so that he could so set at liberty from illegal detention.

2. In the affidavit sworn to by the petitioner, who in the brother of the detenu, he has stated that the detenu has been falsely implicated in a prosecution relating to offences punishable under Sec.3 of Prevention of Damages to Public Properties Act and Sec.5 of Explosive Substances Act. Detenu was arrested on 19. 1995 and remanded to judicial custody without any incriminating material. Thereafter, remand of the detenu was extended from time to time mechanically without application of mind, when he was produced before Judicial Magistrate No. II, Kumbakonam. On 211. 1995, the said Magistrate while extending the remand, observed that the detenu would be produced before the Court of Session, Tanjore, on the next date of hearing. However, the detenu was not produced before any court after 211. 1995 and hence detention beyond 112. 1995 is illegal and violative of Art.21 of the Constitution of In





































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